Defense Asks Jury, ‘On Behalf of Mr. Chapman, I Ask That Your Last Two Words Be Not Guilty’

“On behalf of Mr. Chapman, I ask that your last two words be not guilty,” a homicide defendant’s attorney told the jury in DC Superior Court Judge Todd Edelman’s courtroom on June 17.

Daniel Chapman, 37, is charged with second-degree murder while armed and carrying a dangerous weapon outside a home or business for his alleged involvement in the stabbing of 43-year-old Antoine Ealey. The incident occurred on July 22, 2023, on the 2300 block of L’Enfant Square, SE.

According to court documents, Chapman claimed he was acting in self-defense against Ealey, who allegedly threatened him in an alley. The risk was heightened in that Ealey was said to be using PCP and K2, a synthetic cannabinoid made to mimic the effects of marijuans. PCP has linked to outbursts of violent behavior.

Prosecutors claimed Chapman was the aggressor in the incident. “Self defense is not a license to pursue trouble,” they said. They say Chapman was hanging out with three friends in an alley near his apartment when Ealey approached the group. They argued that “Ealey was the outsider,” since the group appears to be arguing and kicking him. Ealey eventually collected his bags and walked away, but Chapman followed him, knife in hand, fatally stabbing him four times.

The prosecution claimed that Chapman’s choice to follow Ealey as well as his choice to flee the scene without calling EMT or police suggested Chapman was not acting in self defense.

“Chapman was the architect of his own peril” the prosecution declared.

In the defense’s closing argument, David Knight stressed that Chapman is not guilty from viewing the security footage of the group interactions during the incident. Knight further claimed that because of Ealey’s being under the influence of PCP and K2, he was acting erratically and dangerously unpredictable.

Knight asked the jury to recall the defendant’s previous testimony about his own relationship with Ealey before the incident. “He didn’t want him to die, he didn’t expect him to die,” Knight said.

“On behalf of Mr. Chapman, I ask that your last two words be not guilty,” Knight said.

Parties will reconvene once the jury reaches a verdict.

Carjacking, Shooting Defendant Wants to Consider Plea

DC Superior Court Judge Robert Salerno granted a non-fatal shooting and carjacking defendant more time to review a plea offer during a hearing on June 13.

Elijah Hernandez, 20, is charged with assault with a dangerous weapon, armed carjacking, two counts of possession of a firearm during a crime of violence, and unauthorized use of a vehicle during a crime of violence for his alleged involvement in an armed carjacking and non-fatal shooting on June 21, 2024 at the Falcon Gas Station on the 1300 block of 13th Street, NW. One victim sustained a gunshot wound on the buttocks.

During the hearing, prosecutors offered Hernandez a plea deal in which he pleads guilty to charges from a separate non-fatal shooting incident in exchange for prosecutors dismissing all other charges. The deal would require Hernandez to plead guilty to aggravated assault while armed, possession of a firearm during a crime of violence, and armed robbery.

Joseph Fay, Hernandez’s attorney, requested additional time to review the offer with his client.

“If probable cause is found, he is unlikely to be released in other cases,” noted Judge Salerno and urged Hernandez to carefully consider the offer.

Parties are slated to reconvene on Aug. 28.

Indictment Deadline for Carjacking Defendant Extended to Consider Plea

DC Superior Court Judge Deborah J. Israel granted an extension to indict a carjacking defendant on Jun 23.

Martrail Cunningham, 26, is charged with two counts of armed carjacking and two counts of possession of a firearm during a crime of violence from his alleged involvement in multiple incidents, which occurred on Aug. 4, 2024, at the 1300 block of Wallach Place, NW, and on Aug. 25 at the 1300 block of Jasper Place, SE.

Judge Israel has agreed to the prosecutor’s motion to extend Cunningham’s indictment date in light of ongoing plea deal negotiations between Darryl Daniels, Cunningham’s attorney, and the prosecution. Daniels explained to the court that the prosecution responded to the defense’s counte-roffer on June 20 and hopes to reach an agreement, making a trial unnecessary.

Parties are slated to reconvene on July 14.

Defendant Sentenced to a Year of Probation For Shooting

A defendant who threatened to shoot a number of people was sentenced to a year of probation by DC Superior Court Judge Jennifer Di Toro, June 17.

Tyhrez Williams, 24, pleaded guilty to carrying a pistol without a license outside a home/business and an unlawful discharge of a weapon for threats he made to shoot a friend’s family on July 8, 2024 on the 2000 block of Bowen Road, SE.

A warrant for Williams’ arrest was made after multiple witnesses claimed to have seen him discharging his pistol out of his car. Williams then made multiple threats to several people and their families.

As Williams was leaving Joint Base Anacostia-Bowling he was detained and his car was searched by security forces who found a pistol in a hidden compartment. Later Williams’ house was also searched and two additional firearms were found.

He was arrested for unlawful discharge, three counts of possession of an unregistered firearm, possession of unregistered ammunition, carrying a pistol without a license, possession of a large capacity feeding device, and carrying a dangerous weapon inside home.

Williams quickly took a deal, pleading guilty to carrying a pistol without a license outside a home/business so that the prosecution would not seek indictments on any remaining or greater charges arising from the facts in this case

Williams was given 12 months probation and three years supervised release with the Youth Act being applied to him. This act will remove the felony charge from his record if he sticks with the stipulations of his release.

No further dates are set.

Judge Denies Emergency Medical Release For Murder Defendant

DC Superior Court Judge Neal Kravitz denied a murder defendant’s emergency motion for immediate release or to be transferred to a hospital during a hearing on June 20.

Tommy Whack, 35, is charged with first-degree murder while armed – felony murder for his alleged involvement in the fatal stabbing of Fasil Teklemariam, 53, that occurred on April 5, 2024, on the 1300 block of Peabody Street, NW.

In addition, Tiffany Taylor-Gray, 22, and Audrey Miller, 20, have been charged in the crime.

Whack’s attorney, Kevin O’Sullivan, claimed that Whack has found it difficult to shower, go for his physical therapy or visit his lawyer for a month due to the Department of Corrections (DOC) refusal to provide a him wheelchair.

An attorney for the DOC, said that medical staff found no clinical reason for a wheelchair

The prosecution also provided the court with pictures of Whack walking and playing basketball while in jail and called his condition is a “ruse.”

Whack told the court that he recently had a fall, which further exacerbated his condition.

“I understand I have committed a serious crime but I am also a human being,” said Whack.

The DOC rep told the judge he would contact parties regarding the defendant’s recent fall and perform another examination.

Whack’s family was present in the courtroom and his mother told the court she would buy a wheelchair for her son.

Parties are slated to reconvene June 27.

Judge Frustrated at Sentence Delay for 2023 Mass Shooter

DC Superior Court Judge Danya Dayson granted a final continuance for a mass shooter’s sentencing on June 20.

Jaylaun Brown, 22, pleaded guilty to assault with significant bodily injury and unlawful possession of a firearm by a convict on January 22, for the dismissal of seven counts of assault with intent to kill while armed, eight counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, and unlawful possession of a firearm, for his involvement in a mass shooting that occurred on Jan. 21, 2023, on the 1400 block of 9th Street, NW that injured seven people.

During the hearing, Brown and his defense team asked for continuation of his sentencing due to Brown’s being unprepared based on safety considerations at the DC Jail.

Brown’s attorney, Terrence Austin asked for an investigation and the prosecution said they would be amenable.

However, the prosecution and Judge Dayson were very upset with the defense for its lack of preparation. Judge Dayson begrudgingly accepted the defense’s request for extension, but said that this hearing has been pushed on for way too long.

Judge Dayson also mentioned Brown had not shown up for a previous sentencing hearing, and the court nor Judge Dayson could determine why.

The next hearing is slated to occur on July 18.

Murder Defendant Waives Right to Independent DNA Testing

A defendant waived his right to independently test DNA evidence in front of DC Superior Court Judge Danya Dayson on June 20.

Tremon Jackson, 21, is charged with second-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the murder of 20-year-old Charles Towles on the 1400 block of L Street, SE that occurred on Nov. 4, 2023.

On June 20, Jackson was presented several items that could be up to be independently DNA tested. Some of the items included: five cartridges and bullet fragments, a face mask, and projectiles.

During the hearing, Tremon waived his right and acknowledged that he could not get them tested later.

Tremon’s attorney, Russell Harriston, also asked Judge Dayson for Harriston to be released on home confinement but the motion was denied. Parties are set to reconvene on Oct. 24.

Murder Suspect Rejects Plea Deal With Possible Life Term

A murder defendant rejected a plea deal before DC Superior Court Judge Jason Park on June 23.

Joshua Allen, 35, is charged with first-degree murder premeditated while armed, aggravated assault knowingly while armed, assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in a June 11, 2021 fatal shooting of Delonte Johnson, 28, and non-life-threatening injuries to another person on the 4600 block of Hillside Road, SE.

The prosecution announced a global plea offer stating that Allen would plead guilty to voluntary manslaughter while armed and all greater charges would be dismissed, including a district court case.

The plea deal would also waive enhancements, or additional punishments, that could expose Allen to a life sentence due to his prior convictions. The prosecution recommended a sentence of 14-to-20 years with the defendant held pending sentencing.

Allen rejected the plea offer.

Sara Kopecki, Allen’s defense attorney, challenged the enhancement, contending that the jury would need to decide whether his prior convictions qualify as separate cases. The judge noted that the enhancement might still apply, leaving it uncertain.

A trial readiness hearing is slated for July 25.

Sentence Suspended For Shooting Near Elementary School

DC Superior Court Judge Errol Arthur imposed a one year suspended sentence for a shooting defendant whose actions put children in harm’s way. The ruling occured during a hearing on June 20.

On April 17, Joe Phoenix, 34, pled guilty to endangerment with a firearm for his involvement in a shooting that took place on May 2, 2024 on the intersection of 10th and F Streets, NE, next to Goding Elementary School.

According to court documents, video surveillance shows the defendant shooting his gun four times while children were present in front of the school.

The prosecution requested six months of incarceration along with a stay away order from the incident address. In addition, the prosecutor told the court that the incident was “more than endangerment” and went beyond simple recklessness.

The prosecution told the court, “When you ask a parent what their worst nightmare is, they answer you with this.”

Phoenix’s defense attorney, Wole Falodun, argued that the incident was a mistake and that Phoenix had no prior criminal history. Falodun claimed that Phoenix has been on home-confinement for the past two months and requested probation, claiming that Phoenix would have support from his mother and girlfriend.

Judge Arthur told the court that a “mistake” would be accidentally picking up someone’s car keys, which was far from the severity of Phoenix’s actions that day. Further, Judge Arthur emphasized the impact of the crime, telling Phoenix that the shooting may remain engrained in the minds of the children and he would be solely responsible for it.

Judge Arthur asked Phoenix if he had any children of his own, to which Phoenix claimed he had two. He asked Phoenix how he would have felt had someone carried out the same crime in front of his children and Phoenix acknowledged punishment was warranted.

Judge Arthur told Phoenix that he should consider the importance of his decisions as many defendants that come into the criminal justice system end up losing time they wish they could get back.

Ultimately, Judge Arthur sentenced Phoenix to 12 months of incarceration while suspending its execution in its entirety, one year of supervised release which was suspended, and one year of probation with the condition that he not possess any firearms. Phoenix will also have to pay $100 to the victim’s compensation fund and register as a gun offender.

No further dates were set.

Judge Orders More Mental Evals for Rambling Murder Suspect

DC Superior Court Judge Jason Park ordered a defendant undergo further mental health evaluations on June 20, following the defendant walking in while mumbling to himself.

Daryl Thompson, 36, is charged with assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, two counts of first-degree murder while armed, three counts of unlawful possession of a firearm (crime of violence), three counts of carrying a pistol without a license outside home or business, obstructing justice (harassment-reporting), threat to kidnap or injure a person.

The charges stem from his alleged involvement in the Aug. 29, 2016 fatal shooting of Tyler Jerel McEachern, 23, and an attempting kidnapping of another victim on the 3100 block of Buena Vista Terrace SE. He’s also charged for his alleged involvement in the July 30, 2016 fatal shooting of Edward Roberts, 29, and an assault on the 3500 block of 14th Street, NW.

During the hearing, Thompson entered the court room delivering a rambling, disruptive, and inadmissible statement in an attempt to defend himself. Judge Park repeatedly asked the defendant to stop speaking so the hearing could proceed. Once the courtroom settled, Judge Park explained that the Department of Behavioral Health (DBH) was in the process of applying for a waiver to continue evaluating Thompson, which would take 90 days to complete.

The prosecution noted that a doctor recommended Thompson undergo inpatient restoration treatment and urged that the process begin immediately.

Parties are slated to reconvene Oct. 3.

Defendant Won’t Come to Court, Further Mental Evaluations Ordered

A stabbing defendant refused to appear in court during a June 17 hearing, and DC Superior Court Judge Carmen McLean ordered additional mental evaluation following a report from the Department of Behavioral Health (DBH)

James Gregory, 36, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on March 26 on the 2200 block of Minnesota Avenue, SE.

During the hearing, Judge McLean notified the parties that Gregory wouldn’t leave the jail.

According to Judge McLean, the doctors at DBH were not able to initially determine if the defendant was competent to stand trial so the Judge ordered a full competency exam. A person can’t stand trial unless he is competent enough mentally to understand the charges and take part in his own defense.

Parties are slated to reconvene July 28.

Carjacking Defendant Claims He Was Unaware of Plea Agreement

DC Superior Court Judge Robert Salerno presided over a hearing in which the court found the defendant was unaware of a plea agreement on June 18.

Markese Lewis, 31, is charged with unarmed carjacking for his alleged involvement in a carjacking of an Uber driver. The incident took place on the unit block of Banner Place, NW, on May 31.

The suspect was allegedly able to force the driver side of the car open and punch the victim in the face. Then, the victim ran away. The suspect tried to start the car and the victim recorded the action on his phone. The video, earlier viewed in court, allegedly shows the suspect in the front driver’s seat of the victim’s car and also running towards the victim.

A plea offer, which would have reduced the armed carjacking charge to assault with intent to rob, was presented during a preliminary hearing on June 5. According to the prosecution, the they were going to withdraw the offer but the defense decided to go through with a preliminary hearing of the evidence.

During the hearing, the prosecution asked Judge Salerno to retroactively add the plea rejection to the record. Judge Salerno asked the prosecution why they would do that if it is already on the record. When Judge Salerno asked Lewis if he ever heard the plea deal, Lewis shook his head no.

The defendant was unaware that continuing with a preliminary hearing would result in a withdrawal of the plea offer which he still wants to consider.

The defense also requested release citing Lewis is a needed member of his community, and if released, Lewis would be able to get help and stay at the Samaritan’s Inn, a resource for people fighting homelessness and addiction. Even so, the prosecution asked for detention and Judge Salerno agreed.

Parties are slated to reconvene July 3.

Prosecution Won’t Retry Stabbing Charge Reversed on Appeal

A prosecutor in a non-fatal stabbing case told DC Superior Court Judge Rainey Brandt during a June 20 hearing that they will not retry the defendant for a charge that was previously vacated by an appellate judge.

Darrell Jones, 51, was convicted of assault with intent to kill while armed, aggravated assault knowingly while armed and carrying a dangerous weapon outside a home or business while armed for a stabbing on April 7, 2022 at the Anacostia Metro Station on the 1100 block of Howard Road, SE.

DC Appellate Court Judges Joshua Deahl, Vijay Shanker and John Steadman vacated the assault with intent to kill while armed conviction on June 12. According to court documents, the judges found that the previous court should have allowed the defense to introduce evidence for Jones’ PCP use leading up to the stabbing.

The prosecution alerted Judge Brandt they don’t plan on re-trying the assault with intent to kill while armed charge, and Judge Brandt dismissed it.

The victims’ compensation fund fine will be reduced to account for the vacated charge.

Jones will continue serving his prison sentence for the remaining charges.

Judge Finds Probable Cause Despite Questionable ID of Shooting Suspect

DC Superior Court Judge Michael Ryan found probable cause a suspect had committed a shooting despite questions about a positive identification of the assailant. The ruling came during a June 23 hearing.

Daquan Baker, 26, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence. These charges stem from his alleged involvement in a non-fatal shooting on Jan. 25 on the 5300 block of B Street, SE. An individual sustained a gunshot wound to his upper left thigh.

According to court documents, Baker allegedly approached the victim, who washed cars, and inquired about the cost of washing Baker’s truck. The victim told Baker the price, Baker then allegedly became upset and walked away. Baker reportedly returned a few minutes later and shot the victim.

During the preliminary hearing, the Metropolitan Police Department (MPD) lead detective on Baker’s case said his investigation included interviews with the victim and an eyewitness.

The detective acknowledged that he interviewed the victim multiple times, during which the descriptions of the suspect varied significantly. He said in the first interview, the victim described the suspect as a skinny black male, about six-feet tall, with no facial hair and a bushy afro. However, in the second interview, the victim described the suspect as shorter with dreads and glasses. The detective admitted he never asked the victim to explain why his descriptions changed.

Baker’s attorney, Terrence Austin, asserted that these inconsistencies proved the description to be unreliable, and emphasized the police relied on this to justify Baker’s arrest.

Austin further argued that there was insufficient evidence to support probable cause for Baker’s charge of assault with intent to kill.

“There is no information or testimony that the [victim] was shot in any vital organs,” said Austin. Additionally, Austin noted the witness’ inability to provide specifics about the distance between the suspect and the victim during the shooting.

Austin also raised concerns over the detective’s professional record. He admitted to a pending civil lawsuit for harassment, as well as two cases in which DC Superior Court judges found his testimony lacked credibility.

“The lack of clarity from him [the detective], the lack of clarity from you, and then asking me to take judicial notice, [that the detective’s testimony is true]“ Judge Ryan said to the prosecution “…It all sounds a bit difficult to me.”

Judge Ryan acknowledged the defense’s argument regarding the charge of assault with attempt to kill lacking probable cause. However, he concluded there was probable cause in the case against Baker because the suspect was unprovoked and allegedly eft the victim helpless.

The next hearing is scheduled for Sept. 3

Judge Denies Homicide Defendant’s Request For Release And Dismiss Case

DC Superior Court Judge Jason Park denied release for a homicide defendant during a hearing on June 18.

Keith Williams, 25, is charged with first-degree murder premeditated while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 17-year-old Brendan Ofori on May 28, 2023, at the Waterfront Metro Station on the 300 block of M Street, SW.

Williams’ defense attorneys, Sylvia Smith and Erica Arensman, argued that Williams should be released because the prosecution failed to disclose evidence that could prove Williams’ innocence. Under the so-call Brady rule a violation occurs when the prosecution fails to disclose exculpatory evidence or information to the defense, violating their right to due process. Smith claimed the prosecution misrepresented an eyewitness’ credibility by not disclosing the witness’ criminal, mental health, and substance abuse history.

Smith alleged that the prosecution disclosed the witness’ history a couple of days before the trial and if they had received the information earlier, they could have conducted their own investigation into the witness. Smith added that the failure to disclose this information earlier prejudiced the case against Williams.

Furthermore, Smith and Arensman argued the prosecution was being “problematic” and “burying its head in the sand” when forced to confront these issues. Smith asked the court to dismiss the case and release Williams based on the non-disclosure.

“Williams has lost valuable time he will never get back,” said Smith, and added that Williams recently lost his mother while he was incarcerated.

The prosecution disputed any misrepresentation, emphasized the seriousness of the crime, and opposed Williams’ release. Prosecutors also pointed out that having a criminal history does not necessarily indicate an individual has mental health and substance abuse problems.

Judge Park agreed that the prosecution had an obligation to disclose the witness’ criminal history sooner, but did not think their criminal background, as well as past mental health and substance abuse struggles, significantly altered the case.

Judge Park denied Williams’ request for release.

Parties are slated to reconvene on June 20.

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